[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 946 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 946
To amend the Internal Revenue Code of 1986 to allow drug manufacturers
a credit against income tax if they certify that the price of a drug in
the United States market is not greater than its price in the Canadian
or Mexican market.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2001
Mr. Duncan introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to allow drug manufacturers
a credit against income tax if they certify that the price of a drug in
the United States market is not greater than its price in the Canadian
or Mexican market.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Prescription Price
Equity Act of 2001''.
SEC. 2. CREDIT TO DRUG MANUFACTURERS SELLING IN THE U.S. MARKET AT
PRICES NOT GREATER THAN PRICES IN CANADIAN OR MEXICAN
MARKET.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 45D the following new
section:
``SEC. 45E. CREDIT TO DRUG MANUFACTURERS SELLING IN THE U.S. MARKET AT
PRICES NOT GREATER THAN PRICES IN CANADIAN OR MEXICAN
MARKET.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer who manufactures any qualified prescription drug, the drug
pricing credit determined under this section for the taxable year is an
amount equal to 5 percent of the wholesale price of the drug with
respect to sales during the.
``(b) Qualified Prescription Drug.--For purposes of this section,
the term `qualified prescription drug' means any prescription drug if--
``(1) there are substantial sales of such drug in the
Canadian or Mexican markets, and
``(2) there is a certification by the manufacturer that the
wholesale price of the drug in the United States market is not
greater than the wholesale price of the drug in the Canadian
and Mexican markets.''
(b) Credit Made Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the
period at the end of paragraph (13) and inserting ``, plus'',
and by adding at the end thereof the following new paragraph:
``(14) the drug pricing credit determined under section
45E(a).''.
(2) Limitation on carryback.--Subsection (d) of section 39
of such Code is amended by adding at the end the following new
paragraph:
``(10) No carryback of drug pricing credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45E may be carried back to any taxable year ending
before the date of the enactment of this paragraph.''.
(3) Deduction for certain unused business credits.--
Subsection (c) of section 196 of such Code is amended by
striking ``and'' at the end of paragraph (8), by striking the
period at the end of paragraph (9) and inserting ``, and'', and
by adding after paragraph (9) the following new paragraph:
``(10) the drug pricing credit determined under section
45E.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45D the following new
item:
``Sec. 45E. Credit to drug manufacturers
selling in the U.S. market at
prices not greater than prices
in Canadian or Mexican
market.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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